Authority: High Court of Gujarat at Ahmedabad

Order Date: 18/08/2026

Case Overview

  • Parties: Applicant – Jetsinhbhai Kalubhai Patel (Manager, Banaskantha District Cooperative Bank, Bhabhar Branch); Respondent – State of Gujarat.
  • Proceedings: Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for anticipatory bail in connection with FIR C.R. No.11996002260281 registered at Bhabhar Police Station, District Vav‑Tharad.
  • Alleged Offences: Sections 316(2), 316(5), 318(2), 336(3), 340 and 54 of the Bharatiya Nyay Sanhita (BNS).
  • Advocates: Applicant – Mr. Jal S. Unwalla, Senior Advocate with Mr. Kirit R. Chaudhari (3745); Respondent – Mr. Yuvraj Brahmbhatt, Additional Public Prosecutor.
  • Prosecution Stance: Additional Public Prosecutor waived service of notice but opposed bail, emphasizing the gravity of the offences.
  • Applicant’s Position: At the relevant time, he was the Manager of the Banaskantha District Cooperative Bank, Bhabhar Branch. The loan in question was disbursed while he was on leave; the bank’s circular No.67/Loans/13 required verification and approval by the main branch. Recovery proceedings were initiated before the Board of Nominees. He cooperated with investigation, appearing on 19.06.2026, and has no prior criminal antecedents.
  • Court’s Considerations: Nature and gravity of accusation, applicant’s antecedents, risk of fleeing, and potential misuse of the bail process. Cited precedents: Siddharam Satlingappa Mhetre v. State of Maharashtra (2011) 1 SCC 6941, Gurubaksh Singh Sibbia & Others (1980) 2 SCC 665, and Sushila Aggarwal v. State (NCT of Delhi) (2020) 5 SCC 1.

Final Outcome

  • The Court allowed the anticipatory bail application.
  • Bond: Personal bond of Rs.10,000 (Rupees Ten Thousand) with an equal surety.
  • Conditions:

(a) Cooperate with investigation and be available for interrogation whenever required.

(b) Not induce, threaten, or promise any person acquainted with the case to dissuade disclosure to court or police.

(c) Not obstruct or hamper police investigation or tamper with evidence.

(d) Appear at the concerned Police Station on 25.08.2026 between 11.00 a.m. and 2.00 p.m.

(e) Furnish address to investigating officer and court at bond execution and not change residence until final disposal.

(f) Not leave India without Court permission; if possessing a passport, deposit it with the trial Court within one week of trial commencement.

(g) Police may move the trial Court under Section 483(2) of the BNSS for arrest if any condition is violated (e.g., absconding, non‑cooperation, intimidation of witnesses).

  • The trial Court shall not be influenced by the observations made herein while considering bail.
  • The order does not limit police or investigative agency rights to investigate the charges.
  • The order is absolute; direct service is permitted.

Topics: Anticipatory Bail, Criminal Procedure